ARCHIVED - Public Notice CRTC 2001-30

Public Notice CRTC 2001-30

Ottawa, 23 February 2001

Amendment to the eligibility criteria for Canadian treaty co-productions to access funding from certified independent production funds

The Commission approves an amendment to the eligibility requirements for treaty co-productions to receive financial support from certified independent production funds. The Commission will no longer require that 65% or more of the financing for these co-productions come from Canadian sources.

Any co-production that Telefilm Canada has approved as an official treaty co-production will now be eligible to access funding from certified independent production funds, provided the other criteria identified in Public Notices CRTC 1997-98 and 1999-29 are also met.

Background

In Public Notice CRTC 2000-148 dated 1 November 2000, the Commission called for comments on a proposal to amend the eligibility criteria for treaty co-productions seeking to access funding from certified independent production funds.

The eligibility criteria then in place specified that Canadian treaty co-productions approved as such by Telefilm Canada might qualify for funding provided that 65% or more of their financing came from a Canadian company (Canadian financing requirement).

Following a request by some of Canada's independent production funds, the Commission sought the public's view on a proposal to remove the 65% Canadian financing requirement for co-productions. Specifically, the Commission proposed that a Canadian treaty co-production would simply require approval as such by Telefilm Canada in order to qualify for access to funding from certified independent production funds.

Response to the call

The Commission received eight submissions in response to its call for comments. All supported removal of the 65% Canadian financing requirement for projects that Telefilm Canada has approved as official treaty co-productions.

The Commission's decision

In arriving at its decision, the Commission reviewed the issues associated with the proposal and has taken into account the public comments it received. The Commission approves the request to amend the eligibility criteria so that treaty co-productions will no longer require 65% Canadian financing in order to qualify for access to contributions by broadcasting distribution undertakings to certified independent production funds.

Any co-production that Telefilm Canada has approved as an official treaty co-production will now be eligible to access funding from certified independent production funds, provided the other criteria identified in Public Notices CRTC 1997-98  and 1999-29 are also met.

The Commission notes that Telefilm Canada has an effective evaluation process for projects that apply for certification as official treaty co-productions. Each treaty is governed by specific regulations, but all are negotiated under the following guiding principles established by Telefilm Canada:

· The point system does not apply to official co-productions (although some agreements stipulate minimum requirements with regard to key positions.)

· Most agreements require a minimum financial participation of 20% on the part of the minority-partner country. In all cases a balance must be maintained between the financial, technical and artistic contributions of each country. Furthermore, both the investments and the costs incurred in each country must be proportionate.

· Canada cannot give accreditation to a co-production unilaterally. An official co-production must therefore be approved by the recognized authorities in both countries (for example, by the Centre national de la cinématographie in France, and by Telefilm Canada in Canada.)

The Commission wishes to remind certified independent production funds that, although the criteria for official treaty co-productions have been amended, the other criteria outlined in Public Notices 1997-98  and 1999-29 still apply.

These include the criterion that productions (other than official treaty co-productions) receiving funding must receive eight points out of ten for Canadian content certification. The Commission recently reiterated its Canadian accreditation point system in Public Notice 2000-42.

Related CRTC documents

. Public Notice 2000-148 - Access by Canadian treaty co-productions to funding from certified independent production funds - Call for comments on a proposed amendment to the eligibility criteria

. Public Notice 2000-42 - Certification for Canadian programs - A revised approach

. Public Notice 1999-29 - Contributions to Canadian programming by broadcasting distribution undertakings

. Public Notice 1997-98  - Contributions to Canadian programming by broadcasting distribution undertakings

Secretary General

This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca.